PHR/SPHR Employment Law exam with
complete solutions 2024/2025
The Clayton Act (1914) - ANSWER-Prohibited mergers and acquisitions that
lessened competition. Also restricts the use of injunctions against labor and
legalized peaceful strikes, picketing, and boycotts.
The Consumer Credit Protection Act (1968) - ANSWER-Sets limits to the amount
that can be garnished or withheld in any one week, and also prohibits employee
dismissal because of garnishment for any one indebtedness.
The Copeland "Anti-Kickback" Act (1934) - ANSWER-Precludes a federal
contractor or subcontractor from inducing an employee to give up any part of his
or her wages to the employer for the benefit of having a job.
The Copyright Act (1976) - ANSWER-Offer protections of "original works" fo
others many not print, duplicate, distribute, or sell their work. Protected is to the
duration of the author's life plus 70 years for general copyrights and to 95 years
for works made for hire and works copyrights before 1978. Clarify what the
employee may be the author of in writing.
The Davis-Bacon Act (1931) - ANSWER-Requires contractors or subcontractors
on federally funded or assisted construction projects over $2000 to pay wages
and fringe benefits at least equal to those paid in the local area where the
construction is performed.
The Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) -
ANSWER-Offered variety of mandates including a non-binding vote for
shareholders on executive compensation, global parachutes, and return of
executive compensation based on inaccurate financial statements. Also, CEO pay
, compared to employee pay must be reported, and financial rewards are to be
offered to whistleblowers.
The Economic Growth and Tax Relief Reconciliation Act (EGTRRA) (2001) -
ANSWER-Modified Internal Revenue Code to adjust pension vesting schedules,
increasing retirement plan limits, permitting pre-tac catch-up contributions by
participants over the age of 50 in certain plans, and modification of distribution
and rollover rules.
The Electronic Communications Privacy Act (ECPA) (1986) - ANSWER-Provides
rules for access, use, disclosure, interpretation, and privacy protections of
electronic communications, and provide the possibility of both civil and criminal
penalties for violations. They prohibit interception of emails in transmission and
access to e-mails in storage. The implications for HR have to do with recording
employee conversations. Warnings such as "This call may be monitored or
recorded for quality purposes" are intended to provide the notice required by this
legislation. Having cameras in the workplace to provide the notice is also
required bu this legislation.
The Employee Polygraph Protection Act (1988) - ANSWER-Prohibited the use of
lie detector tests for job applicants and employees of companies engaged in
interstate commerce. Exceptions made for law enforcement and national security,
and federal poster requirement.
The Employee Retirement Income Security Act (ERISA) (1974) - ANSWER-This law
does not require that employers establish pension plans, but governs how those
plans are managed once they are established. It establishes uniform standards to
ensure that employee benefit plans are established and maintained in a fair and
financially sound manner; protects employees covered by a pension plan from
losses in benefit due to job changes, plant closings, bankruptcies, or
mismanagement.
The Equal Pay Act (EPA) (Amendment to the FLSA) (1963) - ANSWER-Prohibits
employers from discriminating on the basis of sex by paying wages to employees
at a rate less than the rate paid to employees of the opposite sex for equal work
on jobs requiring equal skill, effort, and responsibility, and which are performed
under similar working conditions.
The FAA Modernization and Reform Act (2012) - ANSWER-Changed union
certification election processes in the railroad an airline industries and imposes
greater oversight of the regulatory activities of the National Mediation Board. This
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